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02/13/2012 Council Packet (2)
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02/13/2012 Council Packet (2)
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City Council
Council Document Type
Council Packet
Meeting Date
02/13/2012
Council Meeting Type
Special
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who received the initial notice under Section 429.031, subdivision 1. Such published and <br />mailed notice shall include all the information provided in the initial mailed notice, along <br />with a statement as to the number and percentage of affected owners who filed objections <br />at or before the hearing. At the special meeting, the council shall hear additional <br />testimony on behalf of any objecting property owners, and may consider further written <br />or oral testimony from appropriate city officials and other witnesses, as to the nature of <br />the local improvements, the advisability of proceeding with such local improvements, the <br />proposed financing for such local improvements, any proposed amendments to the plans <br />or financing for such local improvements, and the methodology used to calculate <br />individual special assessments for such local improvements. <br />Subdivision 3. A resolution ordering the local improvements (as such <br />improvements may have been amended in response to the hearing or special meeting <br />under Section 8.02, Subdivision 2) may be adopted at any time within six months after <br />the date of the special meeting by vote of a majority of all members of the council when <br />the local improvement has been petitioned for by not less than 35 percent of the owners <br />of the real property abutting on the streets named in the petition as the location of the <br />local improvement; and when there has been no such petition, the resolution may be <br />adopted only by vote of four -fifths of all members of the council. The effective date of a <br />resolution ordering the local improvement must be at least 30 days after adoption. <br />Within five days after adoption of the resolution, a summary of the resolution must be <br />mailed to the affected owners. If more than 50 percent of the affected owners sign <br />written objections regarding the resolution, and file such objections with the city clerk <br />prior to the effective date of the resolution, the resolution does not become effective and <br />the local improvement is not ordered. Any objections filed under Section 8.02, <br />Subdivision 2 will not constitute objections under this Subdivision 3. <br />Subdivision 4. If timely objections are not filed by the required number of <br />property owners under Subdivision 2 of this Section, Subdivisions 2 and 3 of this Section <br />do not apply to the subject local improvements, and all subsequent procedures for <br />approval of and levying of special assessments for those local improvements shall be in <br />accordance with state law, except as otherwise provided in this subdivision. <br />Notwithstanding anything to the contrary in Minnesota Statues, Section 429.031, <br />subdivision 1, clause (f), a resolution ordering the local improvement may be adopted at <br />any time within six months after the date of the hearing by vote of a majority of all <br />members of the council when the local improvement has been petitioned for by not less <br />than 35 percent of the owners of the real property abutting on the streets named in the <br />petition as the location of the local improvement; and when there has been no such <br />petition, the resolution may be adopted only by vote of four -fifths of all members of the <br />council. <br />Crash Course <br />In simpler terms: <br />Either the City Council or citizens initiate an improvement project <br />At the Council's discretion, a feasibility study is ordered <br />11 <br />
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